HomeMy Public PortalAbout2012-02 - AMENDMENT - ZONING MAPORDINANCE NO. 2012-2
AN ORDINANCE AMENDING THE GREENCASTLE PLANNING AND ZONING
ORDINANCE BY AMENDING THE ZONING MAP
(TENNESSEE STREET)
WHEREAS, the Plan Commission of the City of Greencastle, pursuant to the application of Emmert
Group LLC, has prepared this Ordinance to amend the Greencastle Planning and Zoning Ordinance by
amending the zoning map; and
WHEREAS, the Greencastle Plan Commission has reported that it held a public hearing concerning this
ordinance on February 27, 2012, after timely notice of the hearing was given by publication in the Banner
Graphic Greencastle, Indiana, on February 15, 2012; and
WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the following
factors enumerated in I.C. 36 -7 -4 -603 in consideration of the ordinance and determination of a
recommendation to be made to the Common Council:
I. the comprehensive plan;
2. current conditions and the character of current structures and uses in each district;
3. the most desirable use for which the land in each district is adapted;
4. the conservation of property values throughout the jurisdiction; and
5. responsible growth and development.
WHEREAS, the Greencastle Plan Commission certifies this ordinance to the Common Council with a
recommendation by a majority vote in favor of adoption; and
WHEREAS, the Common Council has considered the recommendation of the Greencastle Plan
Commission and has paid reasonable regard to the factors enumerated in I.C. 36 -7 -4 -603 before acting on
this Ordinance; and
WHEREAS, the Common Council has determined that this Ordinance should be adopted without
amendment, as certified by the Greencastle Plan Commission.
NOW THEREFORE be it ordained and adopted by the Common Council of the City of Greencastle, that:
The City of Greencastle Zoning Map of the City of Greencastle Code is hereby amended by
changing the zoning classification for the following described real estate from PB to XD in accordance
with I.C. 36 -7 -4 -614:
See attached legal description.
This Ordinance shall have full force and effect upon passage. The Clerk- Treasurer of the City of
Greencastle is ordered to have this Ordinance published by inserting a copy of the Ordinance in each of
the two (2) sets of the City of Greencastle Code maintained on file for public inspection in the office of
the Clerk- Treasurer.
PASSED A ADOPTED by the City of Greencastle Common Council this W day of JANd� L , 2012.
Adam Cohen nsie S. Bingham
RD, "
Terry it
Mark N. Hammer
Approved and signed by me this \? day of . L , 2012, at ?o'clock,�m.
Susan V. Murray, Mayor
ATTES
Lyn d Dunbar, Clerk- Treasurer
SYNOPSIS
This Ordinance amends the Greencastle Zoning Map of the City of Greencastle Code to rezone the
property commonly known as 815 Tennessee Street located south of SR240 and north of Tennessee
Street, Greencastle, Indiana 46135 from PB to XD.
Applicant: Emmert Group LLC
GREENCASTLE CITY PLAN COMMISSION
DOCKET NO. P12 -03
Amendment to Zoning Map of the City of Greencastle Code to rezone the property commonly
described 815 Tennessee Street from a Professional Business (PB) zone to a Mixed Density (XD)
zone.
Applicant: Emmert Group LLC
WHEREAS, the Plan Commission of the City of Greencastle, initiated and prepared the attached
Ordinance to amend the Greencastle Planning and Zoning Ordinance by amending the zoning map; and
WHEREAS, the Grccncastle Plan Commission has reported that it held a public hearing concerning this
ordinance on February 27, 2012, after timely notice of the hearing was given by publication in the Banner
Graphic Greencastle, Indiana, on or about February 15, 2012.
WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the following
factors enumerated in I.C. 36 -7 -4 -603 in consideration of the ordinance and determination of a
recommendation to be made to the Common Council:
1. the comprehensive plan;
2. current conditions and the character of current structures and uses in each district;
3. the most desirable use for which the land in each district is adapted;
4. the conservation of property values throughout the jurisdiction; and
5. responsible growth and development.
WHEREAS, the Greencastle Plan Commission certifies this ordinance to the Common Council with a
favorable recommendation.
Dated this ? day of February, 2012.
GREENCASTLE CITY PLAN COMMISSION
r
BY:
ATTEST: `(�� ` f"
Shannon Norman
City Planner
Bill Hamm, President
BIOBBIr w
All of tbm part of Lora Numbered 17. 16 end 19 and that pert of the West half of Lot Nunber
20 m du Railroad Btdmgcrnent W the To now Csy, of C ^d* which era eioase oa
the Soathside of the right- ,f.way of the Pittsburg. ClaemaMi, Cbk wo sod St. Luis Railway
Cortptmy (fummiy the Terre blare and Indianapolis Railroad Coryavy.
EXCEPT TLiBRBPROM the followma described real estate, to-wit C� ar s nail n
the Southeast comer of lot 18 of the Raved Bo1ug®mt to the Town (mw City) of
OrcmwJc, Indian; tbmm South 69 do W ms 49 remoter West 81.44 Tea with the South lame
of said Lot 18 to the true poh, of Begmsag of red paste herda described th=e South 89
dMm. 49 a®uteS Wen 82.79 fat with eaid SOath liar ihenel No"h 00 dt- 7 "Meares
Feat 166.55 feet to a wood outer post; thcnoe Bart 82.04 feet w a wood caner post; theater
Sorb 00 degraea 14 Mutes Wet 166.28 feet to the Polar of Beglmdelt, wMtnbr64t; 0.31
acres, rmro or lee.
ALSO EXCEPT Lou numbered 1 and 2 In Dam linghre Subdivision, to the City of
Greencartle, as per pler thereof recorded m Plat Book 15, page 102 -104; Abo recorded
Omober 5. 2006 as Intro u, r Nunber 2006006973. in the Ot[ce of the Recorder of Potam"
County, ladies.
.ALSO EXCEPT a pmt of Lo Numbered 18 of the Railroad PolaB ®rot a the Tows (mw
City) of Ormooesdo, Ptnnam Cow", IMdima, a per pint thereof recorded in Plat Boole 1,
page 24 and 25 in the Office of the Recorder of Pum>m County, Iammt, roue Patio herty
described as lb]10 s Catmmdug et a tub a the Southeast oorear of said Lot 16; Ounce
South 89 degten 49 ramader Wort 215.98 feat with the South Imo of Said lot 16 to the true
Point of Begiming of the red asiNe herein detnbed 1beeee South 89 degree 49 r®rutor
Wert 83.00 fat wub said South t ine theca North 00 degrees 33 uim Hass 166.00 feet to a
wood comer post; thence North 89 degr 49 M®rtra Past 83.00 feet to a wood comer Pon:
theses South Oo degrees 33 n>mutea West 166.00 fen w the Point of Beghmio& Containing
0 32 acre, sroro or kss.
ALSO EXCEPT a part of Lot Nwnbomd 18 of t Railroad Bnlw2crneat to t CitY of
Oreeo avtk, hull. a0. dmabad a fMllowa, t wet: CoMm ..cl% or the South fen of lot 018,
a the Southeast mrxaer thO cmA thmes North ab03 an me 9 fence tee 150 fat; bite— Wert
80 feel; thara South 150 fieet to the South lac of Lot #18; thence Bast 80 feet to the Poet of
Bepaeing.
ALSO BXCBPT h-- to the State of bulb q Coin of Pkaouta and beiog a part Oft O #1 a
of the Railroad Erdmgmrmt to the Town (mw City) of O"omrastle, snore pardadmly
dcuribed to -wit:
Corm sing at a pmt aoarkbW the Southeast comer of Lot 818 of Railroad Haiargemrn" to the
To" (mw City) of Gree omstle, hWitma; tbeate South 89 degrees 49 nits Wee! 164.23
feat ooh On Smth fine of said Lot a18 to the Moe Point of BeSheang of real mare hctce
described these South 89 degstsz 49 minutes Wert 81.75 Lbet with the SOwh lee of said Lot
a18 to t h e Soulbeevt Conner of a 0.32 acre true': tl—rc North 00 degeee 14 ra®nce Pert
166.28 feet with the past late of said 0.32 ecru" rem to the Nothean career thereof, the
South 89 degrees 59 minute, Hint 92.67 fee to the Northwest coiner of a 0.31 see tract.
Qume South 00 degrees 33 mokulIe4 Wet 166.00 Feet with the Wan lira of said 0.31 acre
ueo, to the Point of Beg®mg, vomdvia80.314 acre, afore or lase.
2009W1280
RrTWA COJM Bti:MRDER
0311012009 08:59:1661
ALSO e"Cf Part of Lot 17 in the llatlroad &dagamt In die tOaM now city of
Otae,cwtl% Indiana, as recorded in Plot Book 1, yoga 25 and mare pamtindady devenbod as
follows:
Cenwocmg at the Northeast comer of Lot 20 of said Railroad Enlargement, being also the
Northeast conic of the Southwest Qikatcr of Section Twentytwo (22), Township Fourtmn
(14) North, Range Four (4) Wet, thence North 89 degree 34 wharves 59 seconds Wert
225.59 face along the North fine of said lot 20, being abo the North Bike of Said Southwest
Qutmc, W the Sousbcaetaa boundary of the brume Tae Haute and Indianapolis Railroad
Conapaly (now the City of G+eeneas0e); thence South 63 degree 15 a®rta 06 accords West
729.36 beer along said Soaheastarn boundary, thence t 'riou South 63 degrees 15 minutes
06 seconds West 250.00 fact aluo8 said Southeastern hormday M the POINT OF
BEGINNING {or this description; Orooe South 58 degew 42 aainmee 25 seconds West 50.16
feel; theta South 63 degree 13 minutes 38 seooada West 200.00 fees thence South 17
degree 2g mba tea 03 seconds Bet 63.74 Ctrs thence South 71 degrees 30 mum 10
seconds Earl 30.11 feel; dams, South 89 degrees 37 mmikes 47 su=dl East 61.86 fus;
thence South 83 degrees 00 mimaw IS seconds Est 30.20 feat to the North bounday of
7®eooe Stree4 thanes North 89 degrees 34 rtdmne 59 seconds Went 142.58 feet slung and
North boundary W the West tine of trot x17 end the Southweat comer of the scores ]and;
theooe North 00 degrees 00 minutes I l seconds Eon 76.40 fent along said West the of trot
017 and the owner's land to said South astern boundary of the forme Tare Hmss and
Indianapolis Ranroed Conpmny. thence North 63 degrees 15 adrmutes 06 seconds Fast 25137
feet along said Southeastern boundary to the point ofBegoming. containing 0.056 ave seam
or less. An bearrmgs in this description ere based w the bearing aystan for Stara Ww way
Project M-QI08 (1).
Also, a part of lots Nurd>sed 18, 19, and 20 in the said gailrond Enlargement to the Town,
row City, ofGrecocustle. ldiana, armors particuimb des br sa follows:
Cormnmcing a the Hortherot comer of said Lot x20 being also the Nodhcest contra of the
thard
Sou Que er of Section Twcmy -two (22), Township Fourteen, (14) North. Range Four
(4) Wc4, thence North 89 degrees 34 an®nw 59 seconds West 225.59 feet along the North
fame of said Lot k20, being also the North Hoe of said Soutbwest Quarter. to the Southeastern
boundary of the fotaar Terre Hale and Indianapolis RaBtoed Cortpary (now the City of
Cnaencaade) and being a Northwwtaa comer of the owner's land and the POINT OF
BEGINNING of this description; thence South 99 degrm 34 xmnuvs 59 seconds Sari 16.28
foot alsamg the North Ban afthe awed- hind and said North Quater section ]me, thaace South
61 degrees 47 minutes 43 aceonda Weal 243.92 Tea; th®cs South 63 degrees 13 m i art4 38
seconds Wet 250.00 fins th errc South 66 degrem 23 mhwtw 51 seconds West 250.38 her
to said Southeastern bomaday of tho form' Tees: Haute and hdiempolis Railroad Con¢my,
thence North 63 degrees 15 «®utes 06 seconds Bart 729.36 feet along said Southmnca
boundary w the Perim of B and comer mmg 0.176 antes, move w less. All beeriaga in
this de9crWd n are based on the bearing systan for State Highway Fred= M-Q103 (1).
Together with the permanent t oah guishm m of all rights and easvnmts of (spare and agrees
to, from and across the lhnitW access facility (to be kom a an S sabe . Highway and as
project M-QI08 (1)), to and from the owner's abutting Imds, SID09 the lime of line deaatbed
a fomwr.
The 250.00 -Soot, the 50.16 -font, the 200.00 -foot, and the 63.74 -foot courvOS dwcrlbed above
in the description of the 0.056 roe pared. Ahu, the 243.92 -foot, the 250.00-foot and the
250.38 -foot courses dmcribed ebo in the description of the 0.176 sews patrol This
roaieson shall be a covenant rum=g with the land and shall be bmdmg on a8 ameeesaesa to
twe to the said abutting Inds.
DULY EENTERED FOR TAXATION Imp�II� �iI� ICl14qu
96bjed to find acceptance for transfer 6_ - 0 '
JFA ERE T ITf
HIIINN A S S RO
NAR 10 2009 wnelrew " :m
rsc sEE:sm.m
WARRAN VnFF.n
TIM INDT:NMM wETNS9SL M tbm Kathryn A® Woodan ((hm{pr) ocnveys and
warrants to Jc" S Sda ayer sad Kerrie D. Sehmyw, haabmd end w1fe, (O aMee), fnc.nn
mnddmdlm, the fo]lowimg dat, a real estate m Putman, County, Iadimu:
SHE ATTACM1D LEGAL DESCRIPTEON IN H)Diffi1T A
Subject to all legal highways, righmof-wy, cum, remm and rca ncnum ofmmord.
Solt rct to all rams now a hem and to betxmrs a liar thereon. ��1a�t
IN WITNESS WNEiAP.OP, Crexam has executed thu Dctd tlm 1(= dy of Ma cb. 2009,
Am ik okj51
Kathtyn Ann Woodall
STATE OF INDIANA )
SS:
COUNTY OF PUTNAM )
Before me, a Notary Public am and for stud County and Stec, personalty appemeA Kathryn Amt
Woodall who acknowledged the suction of the foregamg manummt, sad who, baviag bens duly
swop, =.di tbal my representations detain cont� me ante.
Wunesareyhsmdmd Notanid Sealtb6 of 2009 �..yo l...........
.
Z 'sion HSpi N Sjgaalpre i ! "�1.7 �'
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Rv of Cowdy Notary Pubtie- , ,ea,WN=ne
Send T ax Sins To: 1624 0-14a AW,f ,O.rw, O rin rV
Grantce's Msifmo Address: San L
1 of rrn, wrier penalties fm perjury, tbat 1 haw wkm rvesemable me to redact oecb SocW Soa,rity
number in this dowrmd, mlem ruiuced by law. Andrew P. Kuh.
Tbis bwrrumwt was prepared by. Andrew P. Kul[. Atfomey -m -Law, 71 Wens Marion Saeec,
P.O. Box 207, Dmvrbe, IN 46122, telephoma (3 17) 745 -4300.
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